Sonam v. Ankur Kumar

TA-1618-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.222 TA-1618-2023 Date of Decision: 25.04.2025 SONAM ....Applicant

Versus

ANKUR KUMAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Viney Saini, Advocate for the applicant.

Mr. Gaurav Tyagi, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/192/2023, titled 'Ankur Kumar Vs. Sonam', filed by the respondenthusband, pending in the Family Court, Karnal and she seeks transfer of the same to the Court of competent jurisdiction at Yamuna Nagar. Upon notice, the respondent made appearance through counsel. At this stage, the counsel for the respondent submits that, as per the instructions of the respondent, he does not intend to file reply and also, he has no objection, if the transfer application is allowed. In view of the statement, so got recorded by the counsel for the respondent, it is pertinent to mention that the marriage between the parties to the lis, had taken place on 23.01.2022, but no child was born from the said wedlock. On account of the matrimonial dispute, the parties are residing separate. The applicant is not working and as such, has no source of Sonu 2025.04.25 16:22 I agree to specified portions of this document P&HHC

TA-1618-2023 earning. Also, the applicant has got lodged an FIR bearing No.181 dated 10.09.2023, under Sections 323, 406, 498-A and 506 IPC, relating to which the respondent is facing trial in the Courts at Yamuna Nagar. In view of the aforesaid fact situation and considering the statement got recorded by the counsel for the respondent and also considering the preference generally given by the Courts to the convenience of wife in the transfer applications relating to the matrimonial disputes, more particularly, when the applicant is not having any source of earning, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/192/2023, titled 'Ankur Kumar Vs.

Sonam', filed by the respondent-husband, stands transferred from the Family Court, Karnal, to the Court of competent jurisdiction at Yamuna Nagar. The requisite record of the aforesaid case be sent by the Family Court, Karnal, to the District and Sessions Judge, Yamuna Nagar. Learned District and Sessions Judge, Yamuna Nagar, shall assign the said petition to the Family Court, Yamuna Nagar. Even, the parties are directed to appear before the Family Court, Yamuna Nagar, within a period of one month from today onwards. (ARCHANA PURI) 25.04.

Yes Whether reportable :

Yes/No Sonu 2025.04.25 16:22 I agree to specified portions of this document P&HHC